What the POSH Act requires
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – commonly called the POSH Act – builds on the Supreme Court’s Vishaka guidelines (1997). It requires every employer to provide a safe workplace and to put a formal complaint-and-inquiry mechanism in place. It applies to offices, companies, firms, startups, schools, hospitals, NGOs, shops and other establishments, in the organised and unorganised sectors.
- Internal Committee (IC): every employer with 10 or more employees at an office or branch must constitute an IC (Section 4).
- Local Committee: for establishments with fewer than 10 employees, or where the complaint is against the employer, complaints go to the Local Committee set up by the District Officer (Section 6).
- Employer duties (Section 19): a written policy, display of the penal consequences, regular awareness programmes and IC member orientation, and assistance during inquiry.
- Annual report (Section 21): the IC prepares an annual report, which the employer must include in its own annual report and share with the District Officer.
How Himani assists employers
- Drafting or reviewing the POSH policy and aligning it with HR, service and code-of-conduct documents.
- Guidance on constituting the Internal Committee: Presiding Officer, members and the external member, and written appointment records.
- Training and awareness sessions for employees and orientation for IC members on procedure, confidentiality and fairness.
- Inquiry procedure support: notices, statements, evidence handling, natural-justice safeguards and drafting of findings and recommendations.
- Compliance review: checking whether committees, policies, training records and annual reports are in order.
- Advice on interim measures, conciliation and action on the IC’s recommendations.
Scope is discussed and confirmed for each engagement. The IC remains an independent body; legal support is advisory and procedural.
Who sits on an Internal Committee
- A Presiding Officer – a woman employed at a senior level at the workplace.
- At least two members from among employees, preferably committed to the cause of women or with social-work or legal knowledge.
- One external member from an NGO or association committed to women’s causes, or a person familiar with issues of sexual harassment.
- At least half of the members must be women.
How a POSH complaint typically proceeds
- Written complaint to the IC within three months of the incident (or the last incident in a series); the IC may extend the time by up to three months for reasons recorded in writing (Section 9).
- Conciliation, only if the complainant asks for it, and without any monetary settlement as the basis (Section 10).
- Inquiry following the service rules or the prescribed procedure, with both sides heard. The inquiry is to be completed within 90 days (Section 11).
- Report to the employer within 10 days of completing the inquiry, with findings and recommendations (Section 13).
- Action by the employer on the recommendations within 60 days. An appeal lies within 90 days under Section 18.
During the inquiry, the IC may recommend interim relief such as transfer or leave for the complainant (Section 12). Section 16 prohibits publishing or disclosing the contents of complaints, identities and proceedings.
If you are an employee or complainant
Employees can seek guidance on whether a matter falls under the POSH Act, how to prepare a written complaint, what to expect from an inquiry, and the options outside the Act – including criminal law remedies and service-law remedies. Where an employer has no functioning IC, a complaint may be taken to the Local Committee at the District Officer’s office.
Consequences of non-compliance
Under Section 26, an employer who fails to constitute an IC, or to comply with other duties under the Act, can face a penalty of up to ₹50,000. Repeat contraventions can attract higher penalties and the cancellation of licences or registration. Beyond penalties, an unstructured process exposes the employer to challenges in the High Court and to reputational risk.
Who benefits from POSH advisory
Companies and startups, law firms and professional-services firms, schools and colleges, hospitals and clinics, retail and hospitality businesses, NGOs and trusts, and employers with Delhi and NCR offices that want a clear, documented process.